Alamogordo NM
3-01-2025 3:23pm

DOJ New Mexico District Pleas, Arrest and Conviction Roundup thru Feb 28th, 2025

The Department of Justice New Mexico office released information on the most recent arrests, convictions and plea agreements for the week. Below is highlights of the most recent actions..

An Albuquerque man has been sentenced to 102 months in prison for shooting a victim multiple times and leaving him seriously injured.

According to court documents, Robert Abeyta, 51, an enrolled member of the Pueblo of Ohkay Owingeh, went to John Doe’s residence located on the Ohkay Owingeh Pueblo armed with a loaded pistol and confronted Doe. When Doe, who has law enforcement experience, attempted to disarm Abeyta, a struggle ensued during which Abeyta shot Doe multiple times in the head, neck, and shoulder.

Witnesses reported that Abeyta continued to assault Doe after the shooting. Neighbors intervened, disarming Abeyta and restraining him until law enforcement arrived. Doe's girlfriend and young child were inside the home during the shooting and witnessed its immediate aftermath.

Upon his release from prison, Abeyta will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez made the announcement.

The Bureau of Indian Affairs investigated this case with assistance from the Ohkay Owingeh Police Department and Santa Clara Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.

A Shiprock woman pleaded guilty to federal charges related to the straw purchase of a firearm that was later used in a violent crime spree and murder.

According to court documents, on April 24, 2024, Brittania Navaho, 29, an enrolled member of the Navajo Nation, purchased a revolver and ammunition from a pawn shop in Gallup, New Mexico, on behalf of Rydell Happy, a convicted felon prohibited from possessing firearms or ammunition.

At sentencing, Navaho faces up to 15 years in prison followed by three years of supervised release.

U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Navajo Nation Police Department, the Navajo Nation Department of Criminal Investigations and the McKinley County Sheriff’s Office. Assistant United States Attorney R. Eliot Neal is prosecuting the case.

This case is being prosecuted as part of the Department of Justice’s Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which aims to aid in the prevention and response to missing or murdered Indigenous people through the resolution of MMIP cases and communication, coordination, and collaboration with federal, Tribal, state, and local partners.

This case is being prosecuted under the Bipartisan Safer Communities Act. The Act is a federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

A former student doctor pleaded guilty to producing and possessing child sexual abuse material.

According to court documents, Kevin Weiss, 28, admitted to producing an image of child sexual abuse material of a minor under age 18 by employing, using, persuading, inducing, enticing, or coercing that minor. Weiss also admitted he possessed other child sexual abuse material, including some showing very young children.

At sentencing, Weiss faces a minimum of 15 years in prison and not more than 50 years, followed by a minimum of 5 years and up to a term of life of supervised release.

U.S. Attorney Alexander M.M. Uballez and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations (HSI) El Paso, made the announcement.

Homeland Security Investigations investigated this case with assistance from the Albuquerque Police Department and New Mexico State Police. Assistant United States Attorneys Jaymie L. Roybal and Meg Tomlinson are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.

A Mexican national in the country illegally is facing federal charges after allegedly possessing a stolen firearm during a traffic stop.

According to court documents, the charge stems from a traffic stop conducted on January 9, 2025, on Interstate 25 in Sandoval County. During the stop, Jose Adan Gonzalez-Torres, a passenger in the vehicle, admitted to having a firearm in the car. A subsequent search revealed a firearm in the center console. Further investigation determined that the firearm had been reported stolen.

In the course of the investigation, Gonzalez admitted to law enforcement that he is unlawfully present in the United States.

Gonzalez will remain in custody pending trial, which has not been set. If convicted, Gonzalez faces 15 years in prison.

U.S. Attorney Alexander M.M. Uballez and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations (HSI) El Paso, made the announcement.

Homeland Security Investigations investigated this case with assistance from the Bureau of Indian Affairs and Sandoval County Sheriff’s Office. Assistant United States Attorney Jack Burkhead is prosecuting the case.

An Albuquerque man pled to federal charges of firearm and drug trafficking, including the possession and sale of a machine gun.

According to court documents, on March 1, 2024, Micah Maestas, 20, and two accomplices sold 3 grams of cocaine for $100 and a firearm with an attached machinegun conversion device for $1200 to an undercover officer. Maestas also possessed a second firearm during this drug trafficking offense.

In a subsequent incident on May 9, 2024, Maestasand two others met the undercover officer to sell a rifle for $1100 and offered additional firearms for sale, including firearms with machinegun conversion devices. During this interaction, the buyer claimed to be a felon, yet Maestas proceeded with the transaction.

The final incident occurred on July 3, 2024. Maestasmet the undercover officer alone and sold him a firearm fitted with an "Invisible Switch" machinegun conversion device for $1300. Maestas admitted to installing the conversion device himself, knowing it would transform the semi-automatic weapon into a fully automatic firearm.

At sentencing, Maestas faces not less than five years and up to 25 years in prison, followed by not less than five years and up to life of supervised release.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

Machine gun conversion devices and auto sears are illegal devices that transform semi-automatic firearms into fully automatic weapons capable of continuous firing with a single trigger pull. The possession, manufacture, and sale of these devices without proper licensing is a federal offense carrying severe penalties, including up to 10 years in prison and fines up to $250,000.

The proliferation of these devices poses an immediate and critical threat to public safety. Between 2018 and 2023, the ATF recovered thousands of machine gun conversion devices, indicating an alarming trend in their availability and use. Violent street gangs are increasingly employing these devices, devastating communities and neighborhoods with unprecedented firepower.

This dramatic increase in illegal automatic weapons puts both civilians and law enforcement at extreme risk. Officers responding to incidents may find themselves severely outgunned, facing weapons capable of firing hundreds of rounds per minute. The potential for mass casualties in such encounters is staggering.

Law enforcement agencies are racing against time to intercept these devices before they can be used in violent crimes. Public cooperation is crucial in combating this threat. If you have information about illegal firearms or conversion devices, please contact the ATF immediately:

Your tip could save lives and prevent these dangerous weapons from falling into the wrong hands. The time to act is now, before our community fall victim to the devastating impact of these illegal automatic weapons.

An Alamogordo man pleaded guilty pleaded guilty to possessing a modified shotgun that was used in the fatal shooting of Alamogordo Police Officer Anthony Ferguson on July 15, 2023.

According to court documents, on July 15, 2023, Dominic De La O, 28, possessed a modified 12-gauge shotgun with a barrel length of less than 16 inches and an overall length of less than 26 inches, making it subject to registration under federal law. De La Oadmitted that the modified shotgun was operable and not registered to him in the National Firearms Registration and Transfer Record. He also acknowledged that the firearm lacked the new serial number required by law for modified weapons.

On that date, De La O used the shotgun to shoot and kill Alamogordo Police Officer Anthony Ferguson during a traffic stop.

Jonah Apodaca was subsequently charged with being a felon in possession of a firearm after the ATF determined that he had provided the modified shotgun to De La O. Apodaca pled guilty to the charges on June 18, 2024, and was sentenced to 72 months in federal prison.

De La O will remain in custody pending sentencing, which has not been scheduled. At sentencing, De La O faces up to 10 years in prison followed by three years of supervised release. In November 2024, a jury in New Mexico’s Twelfth Judicial District convicted De La O of murdering Officer Ferguson and a judge sentenced him to life in prison without the possibility of parole.

Acting U.S. Attorney Holland S. Kastrin, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Alamogordo Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

A Shiprock man pleaded guilty to two counts of assault with a dangerous weapon after an incident that left one of the victims requiring medical treatment for facial injuries.

According to court documents, Jerome Weaver, 21, an enrolled member of the Navajo Nation, admitted to intentionally assaulting two victims using a firearm with the intent to cause bodily harm. As a result of the assault, one of the victim’s required medical treatment for facial injuries.

Weaver will remain on conditions of release pending sentencing, which has not been scheduled. At sentencing, Weaver faces up to 10 years in prison followed by three years of supervised release.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement.

The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.

A Pinedale man faces federal charges for assault with a dangerous weapon following an altercation on the Navajo Nation.

According to the indictment, on February 17, 2025, Laberto Curley, 26, an enrolled member of the Navajo Nation, allegedly attacked the victim with a razor blade knife at a residence in Pinedale, New Mexico, after a verbal argument escalated into a physical altercation. As a result, the victim sustained a laceration to the neck and was transported to the hospital.

Curley will remain in custody pending trial, which has not been set. If convicted of the current charges, Curley faces up to 10 years in prison.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement.

The Gallup Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigation. Assistant U.S. Attorney Jesse Pecoraro is prosecuting the case.

A Farmington man entered a guilty plea to one count of involuntary manslaughter stemming from a fatal car crash in 2024.

There is no parole in the federal system.

According to court documents, on September 22, 2024, Irvin Virgil Wauneka, Jr., 35, an enrolled member of the Navajo Nation, was operating a motor vehicle while under the influence of alcohol, having consumed approximately half a pint of Jim Beam whiskey. Jane Doe was a passenger in the vehicle. Wauneka's impaired driving resulted in a head-on collision with another motor vehicle. Tragically, Jane Doe suffered fatal injuries and was pronounced dead at the scene of the crash.

At sentencing, Wauneka faces up to eight years, followed by three years of supervised release.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement.

The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Brittany DuChaussee is prosecuting this case.

A Santa Fe man was sentenced to six months of probation and ordered to pay $1,996.44 in restitution for vandalizing ancient petroglyphs at the La Cieneguilla Petroglyph Area near Santa Fe. He was also required to perform 50 hours of community service for an organization working in public lands and cultural conservation, and to provide 48 hours of service with the U.S. Bureau of Land Management as in-kind restitution to the United States.

According to court documents, on October 19, 2022, Jesse Foster drove to the La Cieneguilla Petroglyph Area near Santa Fe, New Mexico, and spray-painted several areas of the rocks near and around the petroglyphs. These drawings date back as early as 13th century through the 17th century and have significant cultural meaning to the Cochiti and Santo Domingo Pueblos.

Foster pled guilty to damage or defacement of archeological resources on September 27, 2024, and was sentenced to a 6-month probation term and ordered to pay $1,996.44 in restitution. As part of his sentence, Foster must complete 98 hours of community service, with 48 hours specifically benefiting the Bureau of Land Management and the other 50 hours benefitting the community specifically in the realm of public lands and cultural conservation.

The U.S. Attorney's Office and Bureau of Land Management notes that the plea agreement took into consideration that Foster did not participate in or have any connection to a previous vandalism incident at the same site. Rather, Foster’s graffiti was an attempt to balance out that graffiti with his own less-offensive spray-painted vandalism.

Acting U.S. Attorney Holland S. Kastrin and Josiah Andrews, Special Agent in Charge of the Bureau of Land Management, made the announcement.

The Bureau of Land Management, Office of Law Enforcement and Security, Region 5, investigated this case with assistance from the Santa Fe Sheriff’s Office. Assistant U.S. Attorney Tavo Hall prosecuted the case.

A federal jury has convicted two former Jal Police Department officers of violating the civil rights of an individual, identified as John Doe in the indictment, during a July 2021 incident, after which John Doe died. The verdict came after a seven-day trial and approximately 13 hours of deliberation.

According to court documents and evidence presented at trial, on July 31, 2021, former Jal Police Officer Corey Patrick Saffell, 35, stopped John Doe for driving without headlights at the Pilot Gas Station in Jal, NM. Former Jal Police Officers Ceasar Enrique Mendoza, 28, and Robert Edward Embly, 43, arrived shortly thereafter.

The situation quickly escalated when Saffell accused John Doe of presenting false identification. John Doe was subsequently handcuffed and forced into a small cage in Saffell's K9 unit, where an aggressive dog was barking. When John Doe struggled to enter the small space, Mendoza deployed his taser on John Doe 13 times while Saffell yelled at him to keep tasing John Doe. The men then moved John Doe to Embly’s patrol car with a full backseat, where he was tased a 14th time.

At no point during the incident did John Doe, who was handcuffed throughout the entire encounter, attempt to flee, make threats or aggressive statements, or act combatively to Saffell, Mendoza, or Embly. After placing John Doe in the back of Embly’s unit, none of the officers checked on John Doe or monitored him, as they were trained to do after deploying their taser on him.

At the jail, the men dragged John Doe’s limp, unconscious body into a cell and laid him on his stomach while still handcuffed. Despite John Doe’s deteriorating condition, including appearing unconscious and having urinated on himself, the men did not seek medical attention. The first time any of the officers requested medical attention for John Doe was only after it was determined John Doe stopped breathing and had no pulse, at which time the officers finally commenced life-saving measures. John Doe was pronounced dead at 1:15 a.m. on July 31, 2021.

Mendoza and Embly were convicted on three counts of deprivation of rights under color of law each, specifically use of unreasonable force, failure to intervene, and deliberate indifference to John Doe’s serious medical need.

Following the verdict, the Court ordered that Mendoza and Embly remain on conditions of release pending sentencing, which has not been scheduled. At sentencing, Mendoza and Embly each face up to 10 years in prison per count of conviction.

On September 10, 2024, Saffell pled guilty to three counts of deprivation of rights under color of law, specifically unlawful arrest, failure to intervene, and deliberate indifference to serious medical needs. At sentencing, Saffell faces up to 10 years in prison per count of conviction. Saffell remains on conditions of release pending sentencing, which has not been set.

Acting U.S. Attorney Holland S. Kastrin and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Hobbs Police Department, Carlsbad Police Department, Lea County Sheriff’s Office, Jal Police Department, and New Mexico State Police. Assistant U.S. Attorneys Matilda McCarthy Villalobos and Marisa A. Ong are prosecuting the case.

Until next week...

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